This change was made to reduce the workload on Special Courts handling severe sexual offenses, as Section 354, which deals with assault to outrage modesty, often did not meet the threshold for such serious crimes. The Ministry removed it from the Anti-Rape Act's scheduled offences list on the recommendation of a Special Committee.
Why Section 354 was removed from the Anti-Rape Act:
High workload for Special Courts:
Section 354 accounted for a significant portion (around 31%) of cases in Special Courts for rape and sexual violence, which are designed to handle more serious cases.
Not a high-intensity sexual offense:
This section often applies to cases that do not involve the most severe forms of sexual violence, making its inclusion in the Anti-Rape Act inappropriate.
Focus on serious crimes:
The change aims to allow Special Courts to focus their resources and efforts on investigating and prosecuting more grave and gruesome sexual offenses.
What happens to Section 354 now?
Remains in the PPC:
Section 354 still exists in the Pakistan Penal Code and continues to address the offence of assault or criminal force with the intent to outrage a woman's modesty.
Shifted from Special Courts:
Cases under Section 354 will now be tried in regular magisterial courts, rather than the Special Courts established under the Anti-Rape Act.
Improves justice system efficiency:
This shift helps to streamline the justice system by directing the Special Courts' focus to the most serious sexual violence cases.
