Act XVI of 2016 · 15 pages
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THE PUNJAB PROTECTION OF WOMEN AGAINST
VIOLENCE ACT 2016
(Act XVI of 2016)
CONTENTS
SECTION HEADING
1. Short title, extent and commencement.
2. Definitions.
3. Measures for the implementation of the Act.
4. Complaint to Court.
5. Right to reside in house.
6. Interim order.
7. Protection order.
8. Residence order.
9. Monetary order.
10. Duration and alteration of orders.
11. District Women Protection Committee.
12. Functions of the Committee.
13. Protection Centres and shelter homes.
14. Women Protection Officer.
15. Power to enter.
16. Assistance on request.
17. Assistance to officers.
18. Penalty for obstructing a Protection Officer.
19. Penalty for filing false complaint.
20. Penalty for breach of orders.
21. Cognizance and summary trial.
22. Appeal.
23. Right to information.
24. Certain persons to be public servants.
25. Performance audit.
26. Act not in derogation of other laws.
27. Training.
28. Annual report.
29. Rules.
30. Immunity.
31. Power to remove difficulties.
1
THE PUNJAB PROTECTION OF WOMEN AGAINST
VIOLENCE ACT 2016
(Act XVI of 2016)
[29 February 2016]
An Act to establish an effective system of protection, relief and rehabilitation of women
against violence.
Since the Constitution of the Islamic Republic of Pakistan, while guaranteeing gender
equality, enables the State to make any special provision for the protection of women, it is
necessary to protect women against violence including domestic violence, to establish a
protection system for effective service delivery to women victims and to create an enabling
environment to encourage and facilitate women freely to play their desired role in the society,
and to provide for ancillary matters;
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab
Protection of Women against Violence Act 2016.
(2) It extends to the whole of the Punjab.
(3) It shall come into force on such date as the Government may, by notification,
specify and different dates may be so specified for various areas in the Punjab.
2. Definitions.– (1) In this Act:
(a) "aggrieved person" means a female who has been subjected to violence by a
defendant;
2
[(aa) “Authority” means the Punjab Women Protection Authority established under
section 3 of the Punjab Women Protection Authority Act 2017 (X of 2017);]
(b) "Committee" means a District Women Protection Committee established under
the Act;
(c) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(d) “Court” means the Family Court established under the Family Courts Act, 1964
(XXXV of 1964);
(e) “dependent child” means a male child who is below the age of twelve years of age
and includes any adopted, step or foster child;
(f) “3[Deputy Commissioner]” means the 4[Deputy Commissioner] of the district;
(g) “District Women Protection Officer” means the District Women Protection
Officer appointed under the Act;
(h) 5[“domestic violence” means the violence committed by the defendant with whom
the aggrieved person is living or has lived in a house or visits the house when they
1
This Act was passed by the Punjab Assembly on 24 February 2016; assented to by the Governor of the Punjab on 26 February 2016; and,
was published in the Punjab Gazette (Extraordinary), dated 29 February 2016, pages 4053-60.
2
Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
3
Substituted for the words “District Coordination Officer” by the Punjab Protection of Women Against Violence (Amendment) Act 2022
(XXXVIII of 2022).
4
Substituted for the words “District Coordination Officer” by the Punjab Protection of Women Against Violence (Amendment) Act 2022
(XXXVIII of 2022).
5
Substituted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), for the following:
““domestic violence” means the violence committed by the defendant with whom the aggrieved is living or has lived in a house when
they are related to each other by consanguinity, marriage or adoption;”
4 The Punjab Laws
are related to each other by consanguinity, marriage, adoption or in terms of
employment;]
(i) “Government” means Government of the Punjab;
(j) “house” includes a place where the aggrieved person lives in a domestic
relationship irrespective of right to ownership or possession of the aggrieved
person, defendant or joint family1[, or lives or visits such place as a domestic
worker];
(k) “prescribed” means prescribed by rules made under the Act;
(l) “Protection Centre” means a Violence against Women Centre established 2[or
declared] under the Act;
(m) “protection system” means the protection system constituted under the Act and
includes a Committee, a Protection Centre and a shelter home established under
the Act;
(n) "defendant" means a person against whom relief has been sought by the aggrieved
person;
(o) “resident” means a woman residing in a shelter home or a dependent child of such
woman residing with her in the shelter home or a child residing in a shelter home;
(p) “rules” means the rules made under the Act;
3
[(pp) “Secretary” means Secretary to the Government, Social Welfare and Bait-ul-Maal
Department;]
(q) “shelter home” means a premises established or licensed by the Government
under the Act to provide board and lodging and rehabilitation services to the
aggrieved persons, other women and their children;
(r) “violence” means any offence committed against the human body of the aggrieved
person including abetment of an offence, domestic violence, sexual violence,
psychological abuse, economic abuse, stalking or a cybercrime;
Explanations.- In this clause:
(1) “economic abuse” means denial of food, clothing and shelter in a
domestic relationship to the aggrieved person by the defendant in
accordance with the defendant’s income or taking away the income of
the aggrieved person without her consent by the defendant; and
(2) “psychological violence includes psychological deterioration of
aggrieved person which may result in anorexia, suicide attempt or
clinically proven depression resulting from defendant’s oppressive
behaviour or limiting freedom of movement of the aggrieved person
and that condition is certified by a panel of psychologists appointed by
District Women Protection Committee; and
(s) “Women Protection Officer” means a Women Protection Officer appointed 4[or
nominated] under the Act.
(2) A word or expression not defined in the Act shall have the same meaning as assigned
to it in the Code or the Pakistan Penal Code, 1860 (XLV of 1860).
3. Measures for the implementation of the Act.– (1) The Government shall:
(a) institute a universal toll free dial-in-number for the aggrieved persons;
1
Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
2
Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
3
Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
4
Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
The Punjab Protection of Women against Violence Act 2016 (XVI of 2016) 5
(b) establish Protection Centres and shelter homes under a phased programme;
(c) appoint necessary staff at a Protection Centre for mediation and
reconciliation between the parties, rescue, medical examination, medical and
psychological treatment and legal help of the aggrieved persons and proper
investigation of offences committed against aggrieved persons;
(d) arrange for wide publicity of this Act and the protection system in Urdu and,
if necessary, in local languages;
(e) institute a mechanism for the periodic sensitization and awareness of the
concerned public servants about the issues involving women and the
requirements of protection and relief of the aggrieved persons; and
(f) take other necessary measures to accomplish the objective of the Act.
(2) The Government shall establish a data-base and software for timely service
delivery and monitoring and evaluation mechanism in the prescribed manner with a view to
achieving the objectives of the Act and, where necessary, shall introduce necessary reforms
for the purpose.
4. Complaint to Court.– (1) An aggrieved person, or a person authorized by the aggrieved
person or the Women Protection Officer may submit a complaint for obtaining a protection,
residence or monetary order in favour of the aggrieved person in the Court within whose
jurisdiction:
(a) the aggrieved person resides or carries on business;
(b) the defendant resides or carries on business; or
(c) the aggrieved person and the defendant last resided together.
(2) The Court shall proceed with the complaint under this Act and the Court shall fix the
first date of hearing which shall not be beyond seven days from the date of the receipt of the
complaint by the Court.
(3) On receipt of the complaint, the Court shall issue a notice to the defendant calling
upon him to show cause within seven days of the receipt of notice as to why any order under
the Act may not be made and if the defendant fails to file a reply within the specified time,
the Court, subject to service of the notice on the defendant, shall assume that the defendant
has no plausible defense and proceed to pass any order under this Act.
(4) The Court shall finally decide the complaint within ninety days from the date of the
receipt of the complaint, as nearly as possible, under Chapter XXII of the Code relating to the
summary trials.
5. Right to reside in house - Notwithstanding anything contained in any other law, the
aggrieved person, who is the victim of domestic violence:
(a) shall not be evicted, save in accordance with law, from the house without her
consent or if wrongfully evicted, the Court shall restore the position maintaining
before the eviction of the aggrieved person if the aggrieved person has right, title or
beneficial interest in the house; or
(b) may choose to reside in the house, or in an alternative accommodation to be
arranged by the defendant as per his financial resources, or in a shelter home.
6. Interim order.– (1) Pending proceedings under this Act, the Court may, at any stage of
the complaint, pass such interim order as it deems just and proper.
6 The Punjab Laws
(2) If the Court is satisfied that the complaint prima facie shows that the defendant has
committed an act of violence or is likely to commit an act of violence, it may issue an order
on the basis of an affidavit of the aggrieved person or any other material before the Court.
7. Protection order.– (1) If the Court is satisfied that any violence has been committed or is
likely to be committed, the Court may pass a protection order in favour of the aggrieved
person and direct the defendant:
(a) not to have any communication with the aggrieved person, with or without
exceptions;
(b) stay away from the aggrieved person, with or without exceptions;
(c) stay at such distance from the aggrieved person as may, keeping in view the
peculiar facts and circumstances of the case, be determined by the Court;
(d) wear ankle or wrist bracelet GPS tracker for any act of grave violence or likely
grave violence which may endanger the life, dignity or reputation of the aggrieved
person;
(e) move out of the house in case of an act of grave violence if the life, dignity or
reputation of the aggrieved person is in danger;
(f) surrender any weapon or firearm which the defendant lawfully possesses or
prohibit the defendant from purchasing a firearm or obtaining license of a firearm;
(g) refrain from aiding or abetting an act of violence;
(h) refrain from entering the place of employment of the aggrieved person or any
other place frequently visited by the aggrieved person;
(i) refrain from causing violence to a dependent, other relative or any person who
provides assistance to the aggrieved person against violence; or
(j) refrain from committing such other acts as may be specified in the protection
order.
(2) The Court may issue one or more directions contained in subsection (1) even if the
aggrieved person has not prayed for such direction and may, keeping in view the peculiar
facts and circumstances of the case, specify the period for which the protection order shall
remain operative.
(3) The Court may impose any additional conditions or pass any other direction which it
may deem reasonably necessary to protect and provide for the safety of the aggrieved person
or any dependent child of the aggrieved person.
(4) The Court may require the defendant to execute a bond, with or without sureties, for
preventing the commission of violence.
(5) While making an order under this section or section 8, the Court may, pass an order
directing the Women Protection Officer to provide protection to the aggrieved person or to
assist the aggrieved person or the person making a complaint on behalf of the aggrieved
person.
(6) The Court may direct the police to assist the Women Protection Officer in the
implementation of the protection or residence order.
8. Residence order.– (1) The Court, in case of domestic violence, may in addition to any
order under section 7, pass a residence order directing that:
(a) the aggrieved person shall not be evicted, save in accordance with law, from
the house;
(b) the aggrieved person has the right to stay in the house;
The Punjab Protection of Women against Violence Act 2016 (XVI of 2016) 7
(c) the aggrieved person may be relocated from the house to the shelter home for
purposes of relief, protection and rehabilitation;
(d) the defendant shall deliver the possession of any property or documents to the
aggrieved person to which the aggrieved person is entitled;
(e) the defendant or any relative of the defendant is restrained from entering the
shelter home or place of employment or any other place frequently visited by
the aggrieved person; or
(f) shall arrange an alternative accommodation for the aggrieved person or to pay
rent for the alternative accommodation.
(2) The Court may, keeping in view the peculiar facts and circumstances of the case,
issue one or more directions contained in subsection (1) even if the aggrieved person has not
prayed for such direction and may specify the period for which the residence order shall
remain in force.
(3) The Court shall have due regard to the financial needs and resources of the parties
before passing any order having financial implications.
9. Monetary order.– (1) The Court may, at any stage of the trial of a case, pass an order
directing the defendant to pay monetary relief to meet the expenses incurred and losses
suffered by the aggrieved person and such relief may include:
(a) such compensation, as the Court may determine, to the aggrieved person for
suffering as a consequence of economic abuse;
(b) loss of earning;
(c) medical expense;
(d) loss caused due to the destruction, damage or removal of any property from
the control of the aggrieved person to which the aggrieved person is entitled;
(e) payment of reasonable rent and meals for shelter provided to the aggrieved
person and dependent children in a shelter home if the defendant is mandated
by the law to provide shelter to the aggrieved person and dependent children;
and
(f) reasonable maintenance for the aggrieved person and her dependent children, if
any, in addition to an order of maintenance under family laws.
(2) The Court shall have due regard to the financial needs and resources of the parties
before passing any order under subsection (1).
(3) The defendant shall pay monetary relief to the aggrieved person within the period
specified in the order made under subsection (1).
(4) If the defendant fails to make payment within the period mentioned in the order, the
Court shall direct the employer or debtor of the defendant, directly to pay the aggrieved
person or to deposit with the Court a portion of the wages or debt due to or accrued to the
credit of the defendant.
(5) The amount paid or deposited under subsection (4) shall be adjusted by the employer
or debtor towards payment to the defendant.
(6) The Court may direct that the monetary relief payable or paid on account of shelter
being provided in the shelter home shall be credited to the protection system.
10. Duration and alteration of orders.– (1) The interim order, protection order or residence
order shall remain in force during the period specified by the Court.
(2) The Court may, keeping in view the circumstances and for reasons to be recorded in
writing, alter or discharge any order made under this Act.
8 The Punjab Laws
(3) The Court shall, on an application of the aggrieved person, discharge any order passed
under the Act.
(4) Nothing in this section shall prevent an aggrieved person from making a fresh
application after the previous interim, protection or residence order has been discharged.
11. District Women Protection Committee.– (1) The Government shall, by notification,
constitute a District Women Protection Committee for each district.
(2) The Committee shall be headed by the 1[Deputy Commissioner] of the district and
shall, subject to subsection (3), consist of the following members:
(a) 2[Chief Executive Officer, District Health Authority];
(b) 3[a representative of the Local Government and Community Development
Department of the Government];
(c) a representative of the head of District Police;
(d) 4[Deputy Director] Social Welfare;
(e) District Public Prosecutor; and
(f) District Women Protection Officer (Secretary).
(3) The 5[Authority] shall nominate four non-official members of each District Women
Protection Committee from amongst civil society and philanthropists who are residents of the
district.
(4) A member, including a co-opted member of the Committee, shall not be entitled to
any remuneration or fee or any other charges or facilities for services rendered under the Act.
(5) The 6[Authority] shall nominate the Vice Chairperson of the Committee from amongst
amongst the non-official members.
(6) The Committee shall hold at least one meeting in every three months and shall
regulate its procedure.
(7) The 7[Authority] may, at any time, remove a non-official member on charges of
misconduct, disinterest, exploitation or misuse of powers, or any other act which is
detrimental to the objectives of the Act.
12. Functions of the Committee.– (1) The Committee shall:
(a) supervise the working of the Protection Centre, shelter home and toll free helpline
and take necessary steps to improve the services;
(b) ensure uninterrupted functioning of the toll free dial-in-number of the
Protection Centre and high quality response and services at the Protection
Centre and, for the purpose, shall arrange training for the concerned employees;
1
Substituted for the words “District Coordination Officer” by the Punjab Protection of Women Against Violence (Amendment) Act 2022
(XXXVIII of 2022).
2
Substituted for the expression “Executive District Officer (Health)” by the Punjab Protection of Women Against Violence (Amendment)
Act 2022 (XXXVIII of 2022).
3
Substituted for the expression “Executive District Officer (Community Development)” by the Punjab Protection of Women Against
Violence (Amendment) Act 2022 (XXXVIII of 2022).
4
Substituted for the words “District Officer” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of
2022).
5
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
6
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
2022).
7
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
2022).
The Punjab Protection of Women against Violence Act 2016 (XVI of 2016) 9
(c) develop liaison with other departments and agencies in the district enabling the
Protection Centre and shelter home best to perform the task of protection of
women;
(d) try mediation and reconciliation between the parties for resolution of disputes
under this Act;
(e) ensure that the cases of violence registered in any of police station of the district
are referred to the Protection Centre for medical examination, collection of
forensics and investigation and until the Protection Centre is established in the
district, shall make standing arrangements for shifting of the aggrieved person,
with her consent, to the nearest Protection Centre;
(f) approve annual plan of action for the Protection Centre and shelter home;
(g) discuss problems being faced by the Protection Centre and shelter home and
find possible solution of the problems;
(h) monitor and evaluate working of the Protection Centre and shelter home;
(i) enlist women volunteers and women volunteer organizations in the district and
assign roles under this Act to such volunteers and organizations;
(j) suggest measures for better protection of women or improvement in the
protection system to the Government;
(k) ensure minimum standards, code of conduct and standard operating procedures to
be followed by the employees of the protection system;
(l) approve annual report about physical targets, activities and gaps of the protection
system in the district for submission to the Government; and
(m) perform such other functions as may be assigned to it by the 1[Authority] and as
are ancillary to any of the above functions or necessary to accomplish the objectives
of the Act.
(2) The Committee may accept donations such as land, vehicles, equipment or money for
the facilitation of the functioning of the protection system and all such donations shall be
used, maintained and disposed of by the Committee in the prescribed manner.
(3) The 2[Secretary] may delegate any of the functions of the Committee to the 3[Deputy
Commissioner] subject to such terms and conditions as the Government may determine.
13. Protection Centres and shelter homes.– (1) The Government shall establish
Protection Centres through a phased programme for protection of the aggrieved persons.
(2) A Protection Centre shall:
(a) be a converging point for all essential services to ensure justice delivery
including police reporting, registration of criminal cases, medical examination,
collection of forensic and other evidence;
(b) register the cases of violence and facilitate medical examination, collection of
forensic and other evidence and proper prosecution of the cases;
(c) provide first aid relief to an aggrieved person;
(d) collect and assist to collect evidence within twenty four hours to facilitate
investigation and effective prosecution;
(e) provide immediate protection to an aggrieved person;
(f) establish an effective system for the receipt and disposal of the complaints
1
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
2
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
3
Substituted for the words “District Coordination Officer” by the Punjab Protection of Women Against Violence (Amendment) Act 2022
(XXXVIII of 2022).
10 The Punjab Laws
within the time mentioned in the operating procedures;
(g) maintain an effective system of mediation and reconciliation for resolution of
disputes under this Act;
(h) register information against the perpetrators of violence;
(i) initiate cases of state-inflicted violence, if any, against women;
(j) maintain audio-visual record of all actions carried out under the Act;
(k) provide or arrange to provide legal aid to an aggrieved person;
(l) provide psychological counseling to an aggrieved person;
(m) mediate between an aggrieved person and the defendant for resolution of
disputes under the Act; and
(n) act as a community centre to guide women in all Government related
inquiries.
(3) The Government shall, through a phased programme, establish a shelter home in each
district or for a local area within a district, for board and lodging of the aggrieved persons and
needy women and provision of social and rehabilitative services to the residents.
(4) A shelter home shall:
(a) provide shelter and other allied facilities to an aggrieved person or other needy
women along with dependent children;
(b) provide, with the consent of the resident, rehabilitation services to reintegrate
residents with their families and society where necessary;
(c) refer the case of a resident to the appropriate authority or body for redressal of her
grievance and regularly monitor provision of services to the residents;
(d) arrange for technical and vocational training of the residents;
(e) provide legal, medical, emotional support, guidance and psychological
counseling to the residents;
(f) repatriate or rehabilitate the residents in the shortest possible time;
(g) maintain discipline and regulate visitation and timings; and
(h) perform any other prescribed function or a function assigned to it by the
Committee for purposes of protection of women, children and vulnerable persons.
(5) Subject to general or special direction of the Committee, a male child who is not a
dependent child shall not be admitted in the shelter home and instead may be referred to the
Child Protection and Welfare Bureau for provision of shelter, board and lodging, education
and training.
1
[(6) Where a Protection Centre or shelter home is not established under this section,
the Secretary may, subject to such terms and conditions as he may determine, declare any
existing Government facility, centre or institution providing similar services as Protection
Centre or shelter home for purposes of this Act.
(7) Where any existing facility, centre or institution is declared as Protection Centre or
shelter home under subsection (6), the infra-structure, paraphernalia, assets and the
employees of such facility, centre or institution shall remain under the administrative control
of the Social Welfare and Bait-ul-Maal Department of the Government:
provided that the service structure and terms and conditions of service of the employees
of such facility, centre or institution shall continue to be governed under the law, rules and
policies applicable to them for the time being in force.]
1
Inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
The Punjab Protection of Women against Violence Act 2016 (XVI of 2016) 11
14. Women Protection Officer.– (1) The Government shall, by notification, appoint a
District Women Protection Officer for a district and Women Protection Officers1[:
provided that where the District Women Protection Officers or Women Protection
Officers are not appointed under this section, the Secretary may, subject to such terms and
conditions as he may determine, by notification in the official Gazette nominate any officer
of the Social Welfare and Bait-ul-Maal Department of the Government to perform the
functions of the District Women Protection Officers or Women Protection Officers under this
Act.]
(2) Subject to general supervision of the Committee, a District Women Protection Officer
shall:
(a) supervise and coordinate the protection system in the district;
(b) maintain liaison, supervise, plan, implement, monitor and periodically
evaluate the protection system in the district;
(c) be responsible for training of the staff, reporting and documentation of the
protection system in the district;
(d) provide counselling services to the aggrieved persons in the Protection Centre
and shelter home;
(e) approve a rescue operation for rescuing an aggrieved person;
(f) file a habeas corpus case on the basis of any credible information of wrongful
confinement of an aggrieved person;
(g) set specific, measureable, achievable and relevant targets for the protection
system to be achieved in the specified time;
(h) ensure achievement of targets and submit compliance report in every meeting
of the Committee; and
(i) prepare an annual report about targets, activities and gaps of the protection
system.
(3) Subject to the supervision of the District Women Protection Officer, a Women
Protection Officer shall:
(a) assist the District Women Protection Officer in the performance of her functions;
(b) respond to the calls or queries of women on internet or toll free dial-in-number of
the Protection Centre;
(c) rescue an aggrieved person and, subject to this Act, admit her and her dependent
children or other family members, if necessary, in the shelter home;
(d) direct the defendant to immediately move out of the house for a period not
exceeding forty eight hours in order to protect life, dignity or reputation of the
aggrieved person;
(e) approve admission of a woman or any other person in the shelter home in
accordance with the provision of this Act and the rules governing the shelter
home;
(f) provide counseling services on phone or, where necessary, by visiting an
aggrieved person; and
(g) supervise working of officials of the shelter home.
(4) The District Women Protection Officer may perform any function of a Women
Protection Officer and, in the absence of the District Women Protection Officer owing to any
1
Substituted for the full stop and thereafter proviso inserted by the Punjab Protection of Women Against Violence (Amendment) Act 2022
(XXXVIII of 2022).
12 The Punjab Laws
cause, the senior-most Women Protection Officer shall perform the functions of the District
Women Protection Officer.
15. Power to enter.– (1) The District Women Protection Officer or a Women Protection
Officer, at any time, enter in any place or house for the purpose of rescuing an aggrieved
person but such officer or official shall not rescue the aggrieved person without her consent.
(2) The District Women Protection Officer or a Women Protection Officer shall give
reasonable notice to the incharge of the place or house before entering and the incharge shall
allow free access and afford all reasonable facilities to meet a woman residing or kept in the
place or house.
(3) If access to such place or house cannot be obtained under sub-section (2), it shall be
lawful for the District Women Protection Officer or a Women Protection Officer to enter
such place or house in collaboration with district authorities including police and to meet an
aggrieved person residing or kept in the place or house, and in order to effect an entrance into
such place or house, to force her entry into the house or place.
(4) If the District Women Protection Officer or a Women Protection Officer who enters a
place or house under this Act is detained in the house or place, she may force her exit from
any house or place.
(5) Notwithstanding anything contained in this section, the powers of entry in a house or
place of abode of a woman shall only be exercised by a female officer of the protection
system.
16. Assistance on request.– (1) The District Women Protection Officer or a Women
Protection Officer shall provide all reasonable assistance to an aggrieved person or to any
other woman who needs such assistance in accordance with the provisions of this Act.
(2) The District Women Protection Officer or a Women Protection Officer may provide
or offer to provide assistance under the Act on the request of the aggrieved person or on
information or complaint received from any corner in collaboration with district authorities
including police.
(3) Nothing in this Act shall be construed to provide assistance to an aggrieved person
when the woman or aggrieved person has voluntarily refused to accept such assistance.
17. Assistance to officers.– (1) For protection of an aggrieved person, the designated police
officer, agency or local government shall be bound to assist the District Women Protection
Officer or the Women Protection Officer in the performance of their functions under the Act.
(2) In the performance of their functions under the Act, the District Women Protection
Committee may call for any information from any agency of the Government or a local
government in the district and such agency or local government shall be bound to provide the
requisite information.
18. Penalty for obstructing a Protection Officer.– Any person, who obstructs the District
Woman Protection Officer or a Woman Protection Officer in the performance of the duties
under this Act, shall be liable to imprisonment for a term which may extend to six months or
fine which may extend five hundred thousand rupees or both.
19. Penalty for filing false complaint.– A person, who gives false information about the
commission of violence which that person knows or has reason to believe to be false, shall be
liable to punishment of imprisonment for a term which may extend to three months or fine
The Punjab Protection of Women against Violence Act 2016 (XVI of 2016) 13
which may extend to one hundred thousand rupees but which shall not be less than fifty
thousand rupees or both.
20. Penalty for breach of orders.– (1) A defendant, who commits breach of an interim
order, protection order, residence order or monetary order, or illegally interferes with the
working of the GPS tracker, shall be punished with imprisonment for a term which may
extend to one year or fine which may extend to two hundred thousand rupees but which shall
not be less than fifty thousand rupees or both.
(2) A defendant, who violates the interim order, protection order, residence order or
monetary order more than once, shall be liable to punishment which may extend to two
years but which shall not be less than one year and to fine which may extend to five
hundred thousand rupees but which shall not be less than one hundred thousand rupees.
21. Cognizance and summary trial.– (1) The Court shall not take cognizance of an offence
under this Act except on a complaint of the District Women Protection Officer or a Woman
Protection Officer acting on behalf of the District Women Protection Officer.
(2) The Court shall conduct the trial of an offence under this Act in accordance with the
provisions of Chapter XXII of the Code relating to the summary trials.
22. Appeal.– (1) A person aggrieved from an interim order, protection order, residence order,
monetary order or sentence of the Court may, within thirty days of the communication of the
order or sentence, prefer an appeal to the court of sessions which shall decide the appeal
within sixty days from the date of receipt of the appeal.
(2) The decision of the court of sessions on an appeal under subsection (1) shall be final
and shall not be called in question in any other court or forum except as provided under this
Act.
23. Right to information.- (1) Subject to subsection (2), the Government shall, within
seven days of acquiring any information pertaining to violence against the aggrieved person
shall publish the details of the case and the steps taken for the protection of the aggrieved
person, on its website accessible to the public free of cost.
(2) The Government may, for reasons to be recorded in writing, not publish any
information, wholly or partially:
(a) to ensure the safety, security, privacy and dignity of a woman or an aggrieved
person;
(b) to protect national security or to maintain public order;
(c) to prevent any prejudice to the investigation of a case; or
(d) to protect the identity of an officer or official where such protection is necessary
for the safety and security of such officer or official.
24. Certain persons to be public servants.- Every person engaged in, or employed for,
the administration of this Act shall be deemed to be a public servant within the meaning of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
25. Performance audit.- (1) The 1[Authority] shall conduct or cause to be conducted the
performance audit of the protection system of a district on periodic basis under the Act.
1
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
14 The Punjab Laws
(2) The performance audit shall include the details of quality of services provided by the
protection system, the targets to achieve the purposes of the Act and the identification of
weaknesses and recommendations for future improvements.
26. Act not in derogation of other laws.- Save as otherwise provided in the Act, the
provisions of the Act are in addition to and not in derogation of any other law.
27. Training.- The 1[Authority] shall, at regular intervals, arrange training of the District
Women Protection Officers, Women Protection Officers and other employees of the
protection system for achieving the purpose of the Act.
28. Annual report.__ 2[(1) The Authority shall, within three months of the close of a
financial year, submit to Secretary an annual report relating to the affairs and efficacy of the
protection system, and the Secretary shall cause the report to be laid before Provincial
Assembly of the Punjab.]
(2) The annual report shall consist of:
(a) details of the services provided by the protection system along with a
comprehensive statement of the rescue operations of the protection system
during the preceding financial year;
(b) reasons for delay, if any, in reaching the aggrieved person in need of help of
the protection system and proposed solutions;
(c) performance audit report, if any, of one or more protection system;
(d) suggestions and recommendations for further reforms of the protection
system for purposes of improving the service delivery; and
(e) other matters considered appropriate by the Government or as may be
prescribed.
29. Rules.– (1) The Government shall, after previous publication and by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the powers conferred under subsection (1),
the Government shall 3[* * * * * * *] make the rules relating to:
(a) establishment of monitoring and evaluation mechanism of the protection system;
(b) universal toll free dial-in-number of the protection system;
(c) regulation of meetings of the Committees;
(d) women volunteers and women volunteer organizations;
(e) use, maintenance and disposal of land, vehicle, equipment and other items or
money donated to a Protection Centre or shelter home;
(f) details of medical, legal and psychological assistance, and shelter facilities;
(g) repatriation or rehabilitation of residents;
(h) maintenance of records and publication of information under the Act; and
(i) regulation of affairs of the of Protection Centres and shelter homes.
1
Substituted for the word “Government” by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
2
Substituted by the Punjab Protection of Women Against Violence (Amendment) Act 2022 (XXXVIII of 2022), for the following:
“(1) The Government shall, within three months of the close of a financial year, submit to Provincial Assembly of the Punjab an
annual report relating to the affairs and efficacy of the protection system.”
3
The expression “, within one hundred and twenty days of the commencement of the Act,” omitted by the Punjab Protection of Women
Against Violence (Amendment) Act 2022 (XXXVIII of 2022).
The Punjab Protection of Women against Violence Act 2016 (XVI of 2016) 15
30. Immunity.– No suit, prosecution or other legal proceedings shall lie against the Government,
any officer of the Government, a Committee, convener or any member of a Committee, District
Women Protection Officer, Women Protection Officer or official of a protection system for
anything which is done in good faith under this Act or the rules.
31. Power to remove difficulties.– The Government may, within two years of the
commencement of this Act and by notification, make such provisions, not inconsistent with this
Act, as may appear necessary for removing any difficulty or giving effect to the provisions of the
Act.
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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