Thursday, 6 February 2014

What is 366-A and what is its punishment?

According to the provisions of Pakistan Penal Code section 366-A is an offense and the section is quoted below:-

366-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 illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

It means that if a girl is under the age of 18 years and anyone convinces her for sex, then that person can be imprisoned for 10 years.

Now the question arises that what to do if a person is alleged with 366-A and gets arrested. Answer is that the procedure has to be followed the same way as its there in cases of other major offences. 

Once FIR is lodged, the accused has no other option then to move bail petition in the court of law. In case of pre-arrest bail the accused has to surrender before the court of law, which can grant interim bail directly or refuse to grant the same. 

In case if the accused gets arrested before the bail then he/she has to go to the judicial remand first. For that his/her police remand shall be opposed on first appearance in the court of law. Later on once the accused gets in the judicial remand, his/her bail petition can be moved. On that the court of law has discretionary powers to accept or reject the same.

The original trial court for 366-A is court of session and the same has powers to grant bail or reject the same. If bail is rejected, the accused can further approach High Court of proper jurisdiction.

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