LAHORE: The Lahore High Court has asked the legislature for enacting a specific offence of spousal abuse, either by insertion into the Pakistan Penal Code (PPC) or through a distinct special law.
The court observed, spousal abuse is undoubtedly an offence, yet the PPC does not contain a specific provision expressly titled “spousal abuse.” The court passed this order during proceedings of a petition of one Muhammad Ajmal seeking bail in a case under sections 376, 371A, 292 PPC, allegedly forcing her wife for adopting illicit relations with another accused.
The court allowed post arrest bail to the petitioner subject to the satisfaction of the trial court as the matter is of further inquiry.
The court remarked that the gravity of spousal abuse demands that it be addressed through substantive penal legislation, so that such acts are not merely treated as civil wrongs but are recognized and punished as criminal offences, the court added.
Only then can the dignity, honor, and protection of women, as commanded by Allah Almighty and exemplified by the Prophet Muhammad (peace be upon him), be truly safeguarded, the court added. The court said that although the several provisions can be invoked to prosecute abusive conduct of a husband.
Instead, courts and practitioners rely on the implied interpretation of related provisions to address such conduct, the court added.
This gap is often supplemented by provincial domestic violence laws, which provide civil remedies and protective measures for victims, thereby complementing the criminal framework of PPC, the court added.
The court also observed that mere regulation of domestic violence through protection orders under the Punjab Protection of Women Against Violence Act, 2016, cannot suffice to alleviate the miseries of the women.
The court remarked that the statutory framework, expressly prohibits the court from altering a conviction or sentence to another penal provision in cases involving rape, enticement of woman, fornication, and related offences, even if the evidence on record might otherwise justify such a course, the court added.
Copyright Business Recorder, 2026
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