Sindh Act XX of 2013 · 12 pages
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PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 19TH MARCH, 2013.
NO.PAS/Legis‐B‐19/2013‐ The Domestic Violence (Prevention and Protection) Bill, 2013
having been passed by the Provincial Assembly of Sindh on 8th March, 2013 and assented to
by the Governor of Sindh on 12th March, 2013 is hereby published as an Act of the
Legislature of Sindh.
THE DOMESTIC VIOLENCE (PREVENTION AND PROTECTION) ACT, 2013
SINDH ACT NO. XX OF 2013.
AN
ACT
to make provisions for protection against domestic violence.
WHEREAS it is expedient to institutionalize measures which prevent
and protect women, children and any vulnerable person from
domestic violence and for matters connected therewith or incidental
thereto;
It is hereby enacted as follows:
1. (1) This Act may be called the Domestic Violence (Prevention and Short title,
Protection) Act, 2013. extent and
commencement.
(2) It extends to the whole of the Province of Sindh.
(3) It shall come into force at once.
2.(1) In this Act, unless there is anything repugnant in the subject or Definitions.
context,-
(a) “aggrieved person” means any woman, child or any
vulnerable person who is or has been in a domestic
relationship with the respondent and who alleges to have
been subjected to any act of domestic violence by the
respondent;
(b) “child” means any person under the age of eighteen years
living in a domestic relationship with the respondent and
includes any adopted, step or foster child;
(c) “Code” means the Code of Criminal Procedure, 1898 (Act
V of 1898);
(d) “court” means the court of Judicial Magistrate of first
class;
(e) “domestic relationship” means a relationship between
persons who live, or have at any point of time lived
together in a household when they are related by
Consanguinity, marriage, kinship, adoption, or are family
members living together;
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(f) “domestic violence” has the same meaning as assigned to
it in section 5;
(g) “Government” means the Government of Sindh;
(h) “household” means a household where the aggrieved
person lives or at any stage has lived in a domestic
relationship either singly or along with the respondent and
includes such a household whether owned or tenanted
either jointly by the aggrieved person and the respondent
or owned and tenanted by either of them, any such
household in respect of which either the aggrieved person
or the respondent or both jointly or singly have any right,
title, interest or equity and includes such a household
which may belong to the joint family of which the
respondent is a member, irrespective of whether the
respondent or the aggrieved person has right, title,
interest in such a shared household;
(i) “informer” means a person who has credible information
that an offence is being committed under this Act and who
has no interest adverse to the aggrieved person or to the
accused;
(j) “monetary relief’ means a monetary relief which a court
may order under section 12;
(k) “notification” means a notification published in the Official
Gazette;
(l) “prescribed” means prescribed by the rules made under
this Act;
(m) “Protection Committee” means a Committee constituted
under section 17;
(n) “Protection Officer” means an officer appointed by
Government under section 21;
(o) “Protection order” means an order passed in terms of
section 11;
(p) “respondent” means a person who is or has been in a
domestic relationship with the aggrieved person and
against whom relief has been sought under this Act;
(q) “residence order” means an order granted in terms of
section 11;
(r) “service provider” means any such government facility or
registered voluntary organization established for the
protection of aggrieved person providing legal, medical,
financial or any other assistance;
(s) “vulnerable person” means a person who is vulnerable due
to old age, mental illness or handicap or physical disability
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or for other special reason.
(2) Words and phrases not defined in this Act shall have the same
meaning as assigned to them in the Pakistan Penal Code, 1898 (Act
XLV of 1898) and the Code of Criminal Procedure, 1860, (Act V of
1860).
3. Government shall ensure that - Government to
ensure effective
(a) this Act and the contents thereof receive wide publicity implementation
through electronic and print media in Urdu and local of the Act.
languages;
(b) the Government officers, the police and the members of
the judicial service are given periodic sensitization and
awareness training on the issues addressed by this Act;
and
(c) effective protocols are formulated by the concerned
Ministries and Departments dealing with health, education,
employment, law and social welfare to address the issue of
domestic violence and that the same are periodically
revised.
Constitution of
4. (1) Government shall constitute a Commission which shall consist Commission.
of a Chairperson and such number of members as may be
prescribed.
(2) The Commission shall –
(a) review from time to time the existing provisions of the law
on domestic violence and suggest amendments therein, if
any;
(b) call for specific studies or investigation into specific
incidence of domestic violence;
(c) look into complaints and take suomoto notice of matters
relating to domestic violence and the non-implementation
of the law; and
(d) participate and advise on the planning process for
securing a safe environment free of domestic violence.
5. Domestic Violence includes but is not limited to, all acts of Domestic
gender based and other physical or psychological abuse committed Violence.
by a respondent against women, children or other vulnerable
persons, with whom the respondent is or has been in a domestic
relationship including but not limited to -
(a) “abet” as defined in Pakistan Penal Code (Act XLV of
1860) hereinafter referred to in this section as the said
Code;
(b) “assault” as defined in section 351 of the said Code;
(c) “attempt” as defined in section 511 of the said Code to
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commit any of the offenses enumerated in this
section;
(d) “criminal force” as defined in section 350 of the said
Code;
(e) “criminal intimidation” as defined in section 503 of the
said Code;
(f) “Emotional, psychological and verbal abuse” means a
pattern of degrading or humiliating conduct towards
the victim, including but not limited to –
(i) obsessive possessiveness or jealousy
constituting serious invasion of the victim‘s
privacy, liberty, integrity and security;
(ii) insults or ridicule;
(iii) threat to cause physical pain;
(iv) threat of malicious prosecution;
(v) blaming a spouse of immorality;
(vi) threats of divorce;
(vii) baselessly blaming or imputing insanity, or
citing barrenness of a spouse with the intention
to marry again;
(viii) bringing false allegation upon the character of a
female member by any member of the shared
household; and
(ix) willful or negligent abandonment of the
aggrieved person;
(g) “harassment” as defined in section 509 of the said
Code;
(h) “hurt” as defined in sections 332, 333, 335, 336A,
337, 337B, 337C, 337E, 337J, 337K, 337L of the said
Code;
(i) “mischief” as defined in section 425 of the said Code
against the property of the aggrieved person;
(j) “physical abuse” means any hurt caused by any act or
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conduct as defined in section 5(f) of this Act;
(k) “stalking” includes, but is not limited to –
(i) accosting the aggrieved person against his or
her wishes; and
(ii) watching or loitering outside or near the
building or place where the-aggrieved person
resides or works or visits frequently;
(l) “sexual abuse” includes any conduct of a sexual
nature that abuses, humiliates, degrades or otherwise
violates the dignity of the aggrieved person which may
include –
(i) compelling the wife to cohabit with anybody
other than the husband;
(ii) any kind of sexual abuse including sexual
harassment of a member of the family;
(m) “trespass” means entry into aggrieved person’s
residence either temporary or permanent without his
or her consent, and includes workplace or frequently
other place where the parties do not share the same
residence;
(n) “wrongful confinement” as defined in section 340 of
the said Code; and
(o) ”economic abuse” includes deprivation of economic or
financial resources or prohibition or restriction to
continue access to such resources which the aggrieved
person is ordinarily entitled to.
6. (1) The offences under section 5 (a), (b), (c), (d), (e), (g), (h) (i) Punishment.
and (n) shall be punishable as provided under the Pakistan Penal
Code, 1860.
(2) The offences under section 5(f) shall be punishable with
imprisonment of minimum six months or with fine to be paid as
compensation to the aggrieved person which shall not be less than
ten thousand rupees or with both.
(3) Whosoever stalks a person under section 5(k) shall be
punished with simple imprisonment of not less than one yearor with
fine to be paid as compensation to the aggrieved party which shall
not be less than twenty thousand rupees or with both.
(4) The offences under section 5(l) shall be punishable with
imprisonment of either description not less than two years or with
compensation to the aggrieved party which shall not be less than
fifty thousand rupees or with both.
(5) The offences under section 5(m) shall be punishable with
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imprisonment for either description for a term not less than one
month or with fine or with both.
(6) Any person who commits the offences under section 5(o)
shall be liable to pay compensation under section 12(1)(a).
7. (1) An aggrieved person or other person authorized by the Petition to the
aggrieved person in this behalf or informer may present a petition to Court.
the Court within whose jurisdiction -
(i) the aggrieved person resides or carries on business;
and
(ii) the last place where the respondent and aggrieved
person last resided together.
(2) The court shall fix the first date of hearing, which shall not
exceed seven days from the date of the receipt of the petition by the
court.
(3) On receipt of petition from an aggrieved party, the court
shall, with or without issuing an interim order, issue a notice upon
the person complained against calling upon him to show cause within
seven days of receipt of notice as to why a protection order shall not
be made against him for committing an act or acts of domestic
violence as alleged in the petition.
(4) The petition made under sub-section (1) shall be disposed of
within a period of ninety days and any adjournment given during the
hearing of the petition shall be granted for reasons to be recorded in
writing by the Court.
8. (1) The court, at any stage of the proceedings under this Act, Counseling.
may direct the respondent or as the case may be, aggrieved person
to undergo mandatory counseling with an appropriate service
provider.
(2) Where the court has issued any direction under sub-section (1),
it shall fix the next date of hearing of the case within a period not
exceeding thirty days.
9. (1) Notwithstanding anything contained in any other law for the Right to reside in
time being in force, the aggrieved person shall not be evicted from a household.
the household without consent, whether or not he or she has any
right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted from the household or
any part of it by the respondent save in accordance with law.
10. (1) In any proceeding under this Act, the court may pass such Power to grant
interim order at any time and stage of the petition as it deems just interim order.
and proper.
(2) If the court is satisfied that a petition prima facie discloses that
the respondent has committed an act of domestic violence or that
there is a likelihood that the respondent may commit an act of
domestic violence, it may issue order on the basis of an affidavit of
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the aggrieved person or any other evidence or material, before the
court as prescribed under sections 11, 12 and 13 against the
respondent.
11. (1) The court on being satisfied that domestic violence has prima Passing of
facie taken place may pass a protection order in favour of the protection
aggrieved person and prohibit the respondent from – orders and
residence
(a) committing any act of domestic violence; orders.
(b) aiding or abetting in the commission of acts of domestic
violence;
(c) entering the place of employment of the aggrieved person
or, if the aggrieved person is a child, his or her
educational institution or any other place frequented by
the aggrieved person;
(d) attempting to communicate in any form, whatsoever with
the aggrieved person, including personal, oral or written,
electronic or telephonic or mobile phone contact;
(e) causing violence to the dependants, other relatives or any
person who gives the aggrieved person assistance against
domestic violence; and
(f) committing any other act as specified in the protection
order;
(2) In addition to the order under sub-section (1), or otherwise, the
court on being satisfied that domestic violence has taken place may
pass a residence order to –
(a) restrain the respondent from dispossessing or in any
other manner disturbing the possession of the
aggrieved person from the household;
(b) restrain the respondent or any of his relatives from
entering the household; and
(c) direct the respondent to secure alternative
accommodation for the aggrieved person or if the
circumstances so require to pay rent for the same.
(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 child of
such aggrieved person.
(4) The court may require from the respondent to execute a bond,
with or without sureties, for preventing the commission of domestic
violence.
(5) While making an order under sub-sections (1), (2) or (3), the
court may also pass an order directing the officer in charge of the
nearest police station to give protection to the aggrieved person or
to assist the aggrieved person or the person making an application
on his or her behalf in the implementation of the order.
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(6) While making an order under sub-section (2), the court may
impose on the respondent obligations relating to the discharge of
rent or other payments, having regard to the financial needs and
resources of the parties.
(7) The court may direct the officer in charge of the police station in
whose jurisdiction the court has been approached to assist in the
implementation of the protection order.
(8) The court may direct the respondent to return the possession to
the aggrieved person of any property, valuables or documents to
which the aggrieved person is entitled.
(9) The court shall in all cases where it has passed any order under
this section, order that a copy of such order, shall be given to the
parties to the application, the officer in charge of the police station in
the jurisdiction of which the court has been approached as well as to
the service provider located within the local limits of the jurisdiction
of the court.
12. (1) The court may, at any stage of the trial of a petition filed by Monetary relief.
the aggrieved person, pass interim order directing the respondent to
pay monetary relief to meet the expenses incurred and losses
suffered by the aggrieved person and such relief may include, but is
not limited to –
(a) compensation to the aggrieved person for suffering as a
consequence of economic abuse to be determined by the
court;
(b) loss of earning;
(c) medical expense;
(d) the loss caused due to the destruction, damage or
removal of any property from the control of the
aggrieved person; and
(e) the maintenance for the aggrieved person as well her
children, if any, including an order under or in addition to
an order of maintenance under family laws.
(2) The respondent shall pay monetary relief to the person
aggrieved within the period specified in the order made in terms of
sub-section (1) and in accordance with terms thereof.
(3) The court may, upon failure on part of the respondent to make
payment in terms of the order under sub-section (2) direct an
employer or debtor, of the respondent, to directly pay the aggrieved
person or to deposit with the court a portion of the wages or salaries
or debt due to or accrued to the credit of the respondent, which
amount may be adjusted towards the monetary relief payable by the
respondent.
13. The court may, at any stage of the petition for protection order Custody orders.
or for any other relief under this Act grant temporary custody of an
aggrieved person who is –
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(a) a child to a person under the Guardians and Wards Act
1890 (VIII of 1890); and
(b) an adult to a service provider or some other person in
accordance with the will of the aggrieved person:
Provided that in any case where a complaint of sexual
abuse of a child has been made and the court is prima
facie satisfied that such allegation is true, the court
shall grant custody of the aggrieved child to the non-
respondent parent or guardian or the person making
an application on his or her behalf.
14. (1) The interim order made under section 10 and the protection Duration and
order made under section 11 shall remain in force until the alteration of
aggrieved person applies for discharge of such order. interim,
protection and
(2) If the court on receipt of an application at any stage from the residence
aggrieved person or the respondent is satisfied that there is a orders.
change in the circumstances requiring alteration, modification or
recalling of any order made under this Act, it may, for reasons to be
recorded in writing pass such order, as it may deem appropriate.
(3) The residence order shall remain in force until such time it is
altered.
(4) Nothing contained in sub-sections (1) and (2) shall prevent
an aggrieved person from making a fresh application after the
previous order has been discharged.
15. (1) A breach of protection order, or of the interim protection Penalty for
order, by the respondent shall be an offence and shall be punished breach of an
with imprisonment of either description for a term which may extend interim or
to one year or with fine which may extend to twenty thousand protection order
rupees, or with both. by the
respondent.
(2) Notwithstanding anything contained in the Code the offence
under this section shall be cognizable, bailable and compoundable.
16. Any person convicted by a court under sub-section (1) of Appeal.
section 15, may file an appeal to the court of Sessions within thirty
days of the passing of the order of sentence and the court of
sessions shall decide the appeal within sixty days.
17. (1) Government shall, by notification in the official Gazette, Protection
constitute Protection Committees for the purposes of this Act. Committee.
(2) A Protection Committee shall comprise a Social Welfare Officer
who shall be the convener, medical practitioner, a psychologist,
psycho-social worker and an official appointed by the court, a female
police officer not below the rank of Sub-Inspector and two women
members from civil society and the Protection Officer who shall also
act as the Secretary of the Protection Committee.
18. The Protection Committee may – Duties and
functions of
(a) inform the aggrieved person of her or his rights Protection
provided under this Act or any other law for the time Committee.
being in force and the remedies and the help that may
be provided;
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(b) assist the aggrieved person in obtaining any medical
treatment necessitated due to the domestic violence;
(c) if necessary, and with the consent of the aggrieved
person, assist the aggrieved person in relocating to a
safer place acceptable to the aggrieved person, which
may include the house of any relative or family friend or
other safe place or if any, established by a service
provider;
(d) assist the aggrieved person in the preparation of and
filing of any petition or report under this Act, the Code
or any other law for the time being in force;
(e) keep official record of the incidents of domestic violence
in its area of jurisdiction, whether on the basis of
information received or suomotoinquiry, irrespective of
whether or not action is taken under this Act. Such
record shall include –
(i) the first information received about the incident
of domestic violence;
(ii) the assistance, if any, offered or provided by the
Protection Committee to the aggrieved person;
(iii) where applicable the reason for not taking action
under this Act when an incident was brought to
the notice of the Protection Committee;
(iv) where applicable, the reason for the aggrieved
person’s refusal to take assistance from the
Protection Committee;
(v) the names and contact details of the service
provider, if any, from whom the aggrieved
person sought help;
(vi) maintenance of the record of applications,
protection orders and the service providers
operating in the area of jurisdiction; and
(vii) perform any other duties that may be assigned
to the Protection Committee under this Act or the
rules made there under.
19.(1) Members of the Protection Committee shall be deemed to be Powers,
public servants within the meaning of section 21 of the Pakistan privileges and
Penal Code (Act XLV of 1860). immunities of
Protection
(2) The Protection Committee may file an application for obtaining a Committee.
protection order under section 11, if so desired by the aggrieved
person.
(3) The Protection Committee may procure the assistance of any
person or authority, and any person or authority so requested by the
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Protection Committee, shall be under legal obligation to provide the
desired assistance to the Protection Committee.
20.The Protection Committee may delegate any of its functions and Delegation of
powers to any of its member or members. functions and
powers.
21.(1) Government shall, by notification in the official Gazette, Protection
appoint a gazetted officer to act as Protection Officer, for the Officer.
purposes of this Act.
(2) The Protection Officer shall possess such qualifications and
experience as may be prescribed under the rules.
22. It shall be the duty of the Protection Officer – Duties of
Protection
(a) to make a domestic incident report to the Protection Officer.
Committee, in such form and in such manner as may
be prescribed, upon receipt of a complaint of
domestic violence and forward copies thereof to the
Protection Committee within the local limits of whose
jurisdiction domestic violence is alleged to have been
committed and to the service providers in that area;
(b) to make an application in such form and in such
manner as may be prescribed to the court, if the
aggrieved person so desires, claiming relief for
issuance of a protection order;
(c) to ensure that the aggrieved person is provided legal
aid;
(d) to maintain a list of all service providers providing
legal aid or counseling, shelter homes and medical
facilities in a local area within the jurisdiction of the
court;
(e) to make available a safe place of residence, if the
aggrieved person so requires and forward a copy of
his report of having lodged the aggrieved person in a
shelter home to the Protection Committee;
(f) to get the aggrieved person medically examined, if
he or she has sustained bodily injuries and forward a
copy of the medical report to the Protection
Committee having jurisdiction in the area where the
domestic violence is alleged to have been taken
place;
(g) to ensure that the order for monetary relief under
section 12 is complied with and executed in
accordance with the procedure prescribed; and
(h) to perform such other duties as may be prescribed.
23.(1) In any proceeding under this Act, the court may secure the Assistance of
services of a service provider. service provider.
(2) Service provider shall have all the privileges and immunities
enjoyed by the Protection Committee.
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24. A service provider shall have the power to – Powers of
service provider.
(a) record the domestic incident in a prescribed form if the
aggrieved person so desires, and forward a copy thereof
to the Protection Officer having jurisdiction in the area
where the domestic violence took place;
(b) get the aggrieved person medically examined and
forward a copy of the medical report to the Protection
Officer within the local limits of which the domestic
violence took place;
(c) ensure that the aggrieved person is provided shelter in a
safe place of residence, if he or she so requires and
forward a report of the lodging of the aggrieved person
in a safe place of residence to the Protection Committee
within the local limits of the place where the domestic
violence took place; and
(d) provide the aggrieved person with any aid or assistance
if he or she may so require.
25. Save as otherwise provided in this Act, all proceedings taken and Procedure.
offences committed under the provisions of this Act, shall be
governed by the Code.
26. No suit, prosecution or other legal proceedings shall lie against Protection of
any Protection Committee, Protection Officer or service provider for actions taken in
anything which is done in good faith or purported to be done under good faith.
this Act.
27. The provisions of this Act shall be in addition to, and not in Act not in
derogation of, any other law for the time being in force. derogation of
any other law.
28. Chapter XXXII of the Code shall apply to an order passed under Revision.
sections 10, 11, 12 and 13.
29. Government may by notification in the Official Gazette make Power to make
rules for carrying out the purposes of this Act. rules.
30. If any difficulty arises in giving effect to any provision of this Act, Removal of
Government may make an order not inconsistent with the provisions difficulties.
of this Act to remove the said difficulty.
_____________
BY ORDER OF THE SPEAKER
PROVINCIAL ASSEMBLY OF SINDH
G.M.UMAR FAROOQ
ACTING SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
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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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