The government has decided to enhance punishment for 'robbery with murder', well-informed sources in Ministry of Law told Business Recorder.
Giving the background, Federal Shariat Court while deciding the Cr A. No 37/A/2005 titled M Anwar Vs Federation of Pakistan directed to send a copy of the judgement to the Law Secretary, Federal Government of Pakistan for considering the feasibility of proposing addition to Section 394A in Chapter XVII of the Pakistan Penal Code to make robbery with murder an independent offence like dacoity with murder as contemplated by Section 396 of the Pakistan Penal Code".
According to the Law Ministry, there is no provision for punishment for causing death during robbery, hence there is a need to add a provision in the PPC as proposed/ directed by the Federal Shariat Court. The proposed section 394A of the Pakistan Penal Code may read as follows: "Section 394A robbery with murder. -If any person, in committing or attempting to commit robbery, causes death of any person in that committing robbery, or attempting to commit robbery, shall be punished with death, or imprisonment for life and shall also be liable to fine."
The sources said amendment would also to be required in the Second Schedule to the Code of Criminal Procedure, 1898, to insert relevant entries relating to proposed section 394A. Law ministry further stated that section 396 (dacoity with murder) also needs to be rationalised in as much as the lesser punishment of "four to ten years" provided in that section as an alternate punishment is not in consonance with the gravity of the offence.
Section 396 may, therefore, also be amended with consequential amendment in Schedule II to Cr. PC, retaining the punishment of death or imprisonment for life and fine only. This punishment would also be in line with the punishment being proposed for the offence of robbery with murder. Accordingly, a Bill namely, the Criminal Law (Amendment) Bill, 2010 has been prepared to achieve this objective.
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