Pakistan Penal Code, 1860 — Section 371: Habitual dealing in slaves

371. Habitual dealing in slaves. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 2[371A.__ Selling person for purposes of prostitution, etc. Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine. Explanations.__ (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

(b)For the purposes of this section and section 371B, “illicit intercourse” means sexual intercourse between persons not united by marriage. 1 [(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Pakistan shall be punished with imprisonment of either description for a term which may extend to one year. Explanation.__ In this section the expressions “prisoner of war” and “protected person” shall have the same meaning as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951.] Of Rape 3[2[375. Rape.__ A person A is said to commit “rape” if A

(a)penetrates his penis, to any extend, into the vagina, mouth, urethra or anus of another person B or makes B to do so with A or any other person; or

(b)inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of B or makes B to do so with A or any other person; or

(c)manipulates any part of the body of B so as to cause penetration into the vagina, urethra, anus or any part of body of B or makes B to do so with A or any other person; or

(d)applies his mouth to the vagina, anus, urethra or penis of B or makes B to do so with A or any other person, under the circumstances falling under any of the following seven descriptions, firstly, against B’s will; secondly, without B’s consent; thirdly, with B’s consent, which has been obtained by putting B or any person in whom B is interested, in fear of death or of hurt; fourthly, with B’s consent, when A knows that A is not B’s husband and that B’s consent is given because B believes that A is another man to whom B is or believes herself to be lawfully married; fifthly, with B' s consent when at the time of giving such consent, by reason of un-soundness of mind or intoxication or the administration by A personally or through another of any stupefying or un-wholesome substance, B is unable to understand the nature and consequences of that to which B gives consent; sixthly, with or without B's consent, when B is under sixteen years of age; or seventhly, when B is unable to communicate consent. Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. Explanation 2.— Consent means an un-equivocal voluntary agreement when B by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that if B who does not physically resists to the act of penetration, it shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Explanation 3.— In this Chapter, “person” means male, female or transgender, and “rape” includes “gang rape”. Explanation 4.— A bonafide medical procedure or intervention shall not constitute rape.

(2)Nothing is sub-section (1) extends to any printing or publication if it is

(a)by or under order in writing of officer-in-charge of the police station or police officer making investigation into such offence acting in good faith for the purposes of such investigation; or

(b)by or under order of Court; or

(c)by or with authorization in writing of the victim; or

(d)by or with the authorization in writing of natural or legal guardian of the victim where the victim is dead or a minor or of unsound mind. Explanation.__ Printing or publication of judgment of any High Court, the Federal Shariat Court or the Supreme Court in law journals does not amount to an offence within the meaning of this section.] Of Unnatural Offences