Punjab police wants domestic violence to become a non-bailable offence

Punjab police has proposed to make domestic violence a non-bailable offence.

Suggested amendments in the Punjab Protection of Women against the Violence Act (PPWVA-2016) include a Rs 1 million fine for the perpetrators and declaring it as a non-bailable offence to ensure the support and protection of women’s rights against violence across Punjab.

A summary of this proposition has been moved by Inspector General of Police Punjab Dr Usman Anwar to Chief Minister Maryam Nawaz to place it before the provincial cabinet.

Dawn reports that senior Punjab police felt the need for amendments following the reports that most domestic violence suspects manage to escape police action and even punishment from the courts.

The report said that the FIRs get lodged on only six per cent of the total incidents.

“Unfortunately, there was no explicit penal provision declaring domestic violence as a cognisable offence hence the first information report was lodged in only 3,365 cases out of 59,798,” whereas in all other cases, the matter was treated as non-cognisable,” reads the summary.

In the majority of domestic violence cases, the matter was treated as non-cognisable when parties either reached an agreement or the victims did not pursue the criminal proceedings because of certain other reasons.

The IG police quoted in the forwarded summary that “the absence of a strict legal regime further fuels the aggressors who have a perpetual sense of going unpunished due to legal void.”

Shedding light on the main objective of the initiative, Dr Usman said the Punjab Protection of Women against Violence Act, 2016 was a significant legislation, but the effectiveness of VWPS and PPWVA has been hampered by a legal void, i.e., the absence of a penal clause specifically declaring domestic violence a cognisable offence.

“In such circumstances, there is a dire need to amend the relevant section of the said Act to ensure the support and protection of women against violence across the province of Punjab,” reads the Punjab Police summary.

Dawn quotes the legal amendment proposed in Section 21 of “The Punjab Protection of Women against Violence Act XVI of 2016”:

Section 21: (1) The court shall not take cognisance 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.
Section 21-A: (1) (proposed) The offence of domestic violence shall be punished with imprisonment of three years or with a fine which may extend to Rs1 million or both. The offence shall be cognisable, bailable and compoundable.

(2) The court may take cognisance of the matter either on a police report u/s 173 Cr.PC or on a private complaint filed by the victim and try the offence summarily.

(3) If a person is punished under this Act and he commits the offence of domestic violence again, the offence shall be treated as non-bailable.